City Attorney’s Office
Reference: Ordinance Amending Subsections of Article 2 of the Municipal Code
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: October 18, 2022
PURPOSE
To clean up sections of the municipal code that no longer reflect current practice or that are outdated or incorrect.
STRATEGIC FOCUS AREA
Innovative, Data-Driven, Results-Focused City Government
BACKGROUND
In the Boards and Commissions listed in the Municipal Code, the Liquor Licensing Authority is still included, although this is no longer a City Board. The Liquor Licensing Authority is now a hearing officer appointed by the City Council.
The Municipal Code included the prosecutor as a part of the municipal court, and this would be an impermissible violation of the separation of powers. The municipal prosecutor is part of the City Attorney’s Office, and the ordinance removes the prosecutor from the municipal court and lists the prosecutor with the City Attorney’s Office.
The final change made by the ordinance is alphabetizing the City Departments listed in the Municipal Code, and the City Manager is given the authority to create, remove, or modify departments as needed operationally.
STAFF RECOMMENDATION
The City Attorney recommends adopting the ordinance as written.
OPTIONS FOR COUNCIL CONSIDERATION
Approve the Ordinance.
Modify the Ordinance.
Deny the Ordinance.
ATTACHMENTS
Ordinance